Rule 47.45 AppealI1

England and Wales

(1)

This rule applies where, under rule 47.44, a magistrates’ court determines an application relating to fingerprints or a DNA profile and—

(a)

the person from whom the material was taken wants to appeal to the Crown Court against an order extending the retention period; or

(b)

a chief officer of police wants to appeal to the Crown Court against a refusal to make such an order.

(2)

The appellant must—

(a)

serve an appeal notice—

(i)

on the Crown Court officer and on the other party, and

(ii)

not more than 15 business days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 47.44(5); and

(b)

in the appeal notice, explain, as appropriate, why the retention period should, or should not, be extended.

(3)

Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 63F(10) of the Police and Criminal Evidence Act 1984, under paragraph 20B(8) of Schedule 8 to the Terrorism Act 2000 and under paragraph 20(9) of Schedule 6 to the National Security Act 2023, the person from whom fingerprints were taken, or from whom a DNA profile derives, may appeal to the Crown Court against an order extending the retention period; and a chief officer of police may appeal to the Crown Court against the refusal of such an order.]

Annotations

Commencement

I1: Rule 47.45 in force at 6.10.2025, see Preamble

Notes on Part 47

Textual amendments

F1: Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)